yendor28
03-12-06, 12:58 AM
Hi,
* posted here and in foo as relates to both
I am going to appeal the matter. Please see the below letter and provide your feedback and suggestions. I do not want to go to court because it would cost me a days work which is more than the fine. I suspect I would win though because how could they prove beyond a reasonable doubt that I rode through the red light. They had two police officers in the car. No witnesses so it would just be my word against theirs.
* I sincerely believe they just picked on me because I was on my bike and they needed to revenue raise. I mean there was no way they could have seen whether I passed the green or red light. All they could say is that the car and I ran the red light together whilst we were in front of them but there is no way that happened as it was on a big hill meaning I was going REALLY slowly and it would take me a long time to even run a red light!
** It did not happen because I know it did not but I am trying to prove my point to an objective observer of the facts.
What do you think? I would counterclaim for my costs for missing work and legal fees. Waste of time and energy though. I hate the stress so would probably just pay to remove the nuisance factor. Ideally I want them to waive the fine based on my letter or perhaps meet with me to discuss the matter informally.
thank you
LETTER
It has been alleged that I rode through a red light on my bicycle at the intersection of St George’s Tce and Elder St at 1.56pm Sunday afternoon.
I respectfully request that you waive the fine of $150 due to the circumstances below. I submit that it is reaosnable that we do not proceed to court over this matter as that would provide unnecessary cost and inconvenience to both parties as I would have to consult a lawyer and counterclaim for malicious prosecution.
The Facts.
I was riding my bicycle up the hill of St Georges Terrace and approaching the intersection of Elder Street. I was cycling on the left hand side of the street approximately 1 metre out from the curb. See diagram A.
When I was about 30 metres away from the intersection, a car (C) went through the red light without stopping. To my surprise and terror, a deafening sound erupted over my right shoulder and I felt the wind from the police car as it sped off in pursuit of the car C. I had not passed through the traffic lights at this stage. The police car had come very close to me as it chased the car C and I was shaken up and wobbly trying to prevent myself from crashing. See diagram B.
I regained control of my bicycle and stopped at the traffic light intersection. When the light went green, I proceeded up the hill. See diagram C.
Halfway up the hill I saw that the police car had pulled over car C. I continued up the hill slowly and, to my surprise, was called over by the police car. I spoke to a lady police officer who asked me if I knew it was a red light back there. I assumed that the police officer was talking about the red light for the car C and needed me as a witness and said ‘yes’. The lady then asked for my license. I was very co-operative and nice as I respect police very much. Still thinking I was required as a witness for car C going through the traffic light, I handed over my license and to my utter surprise, the police officer said she was giving me a ticket for running a red light!
I was still shaken up from my fright and said please can I explain and they should use their discretion to allow me to explain what happened. There was a miscommunication and they did not understand or if they did understand they did not care. I did not run the red light. By the time I got to the intersection, I waited a little while and the light went green before I continued on.
I did not know what else to do as they would not understand and said that I had to appeal. I then came home and have immediately written this letter.
The fine should be waived as I DID NOT run any red light. It was impossible for the police to realise that I had stopped at the red light because they had already sped off after the car C and were past the traffic lights before I arrived at the traffic lights.. The diagrams below help illustrate.
I am a very careful and conscientious road user whether I am on a bicycle or in a motor vehicle. This has meant that I have never received one traffic violation in my 8 years of driving! I have never even received a warning. I am aghast that I would be fined for something I did not do. I respectfully submit that you waive the fine in these circumstances!
* posted here and in foo as relates to both
I am going to appeal the matter. Please see the below letter and provide your feedback and suggestions. I do not want to go to court because it would cost me a days work which is more than the fine. I suspect I would win though because how could they prove beyond a reasonable doubt that I rode through the red light. They had two police officers in the car. No witnesses so it would just be my word against theirs.
* I sincerely believe they just picked on me because I was on my bike and they needed to revenue raise. I mean there was no way they could have seen whether I passed the green or red light. All they could say is that the car and I ran the red light together whilst we were in front of them but there is no way that happened as it was on a big hill meaning I was going REALLY slowly and it would take me a long time to even run a red light!
** It did not happen because I know it did not but I am trying to prove my point to an objective observer of the facts.
What do you think? I would counterclaim for my costs for missing work and legal fees. Waste of time and energy though. I hate the stress so would probably just pay to remove the nuisance factor. Ideally I want them to waive the fine based on my letter or perhaps meet with me to discuss the matter informally.
thank you
LETTER
It has been alleged that I rode through a red light on my bicycle at the intersection of St George’s Tce and Elder St at 1.56pm Sunday afternoon.
I respectfully request that you waive the fine of $150 due to the circumstances below. I submit that it is reaosnable that we do not proceed to court over this matter as that would provide unnecessary cost and inconvenience to both parties as I would have to consult a lawyer and counterclaim for malicious prosecution.
The Facts.
I was riding my bicycle up the hill of St Georges Terrace and approaching the intersection of Elder Street. I was cycling on the left hand side of the street approximately 1 metre out from the curb. See diagram A.
When I was about 30 metres away from the intersection, a car (C) went through the red light without stopping. To my surprise and terror, a deafening sound erupted over my right shoulder and I felt the wind from the police car as it sped off in pursuit of the car C. I had not passed through the traffic lights at this stage. The police car had come very close to me as it chased the car C and I was shaken up and wobbly trying to prevent myself from crashing. See diagram B.
I regained control of my bicycle and stopped at the traffic light intersection. When the light went green, I proceeded up the hill. See diagram C.
Halfway up the hill I saw that the police car had pulled over car C. I continued up the hill slowly and, to my surprise, was called over by the police car. I spoke to a lady police officer who asked me if I knew it was a red light back there. I assumed that the police officer was talking about the red light for the car C and needed me as a witness and said ‘yes’. The lady then asked for my license. I was very co-operative and nice as I respect police very much. Still thinking I was required as a witness for car C going through the traffic light, I handed over my license and to my utter surprise, the police officer said she was giving me a ticket for running a red light!
I was still shaken up from my fright and said please can I explain and they should use their discretion to allow me to explain what happened. There was a miscommunication and they did not understand or if they did understand they did not care. I did not run the red light. By the time I got to the intersection, I waited a little while and the light went green before I continued on.
I did not know what else to do as they would not understand and said that I had to appeal. I then came home and have immediately written this letter.
The fine should be waived as I DID NOT run any red light. It was impossible for the police to realise that I had stopped at the red light because they had already sped off after the car C and were past the traffic lights before I arrived at the traffic lights.. The diagrams below help illustrate.
I am a very careful and conscientious road user whether I am on a bicycle or in a motor vehicle. This has meant that I have never received one traffic violation in my 8 years of driving! I have never even received a warning. I am aghast that I would be fined for something I did not do. I respectfully submit that you waive the fine in these circumstances!